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You can use the character as it appears in the public domain work, but not any copyrightable aspects that appear in works still in copyright. This situation alr

• Aloha 9y ago
  yes, that was the exact point that I was trying to make. At a minimum what we visually identify as mickey mouse wont leave copyright until, 2035 - but even then certain fundamentals of the character were not finalized until much later.
• ABCLAW 9y ago
  "Copyrightable aspects" include elements present in the public domain work. These don't get retroactive coverage from the copyrighted elements of the series. Sherlock is public domain, despite being present in later works. The later developments/characters/stories/"aspects" are not. Copyright is not indefinite due to the series' continuation.
  • Aloha 9y ago
    I was making the point that elements of the character not established in the works coming into public domain, would remain under copyright, and that trademark would also lock the character up (for many specific uses) - but I did fuzz the point excessively. In the case of Mickey Mouse, this is a substantial part of the characters personality - most of which didnt come out until the successful shorts of the mid-30's.